Dancers file lawsuit against strip club

March 21, 2013

MARTINSBURG -Three women have filed a lawsuit against the exotic dance club where they used to work, alleging the club's management violated labor laws by failing to pay them a minimum wage and forcing them to pay just to work.

The suit was filed by Man Le Garrett, Krystal McLaughlin and Jane Roe against TNA Enterprises, LLC, which does business in Berkeley County under the name Paradise City 2, and Warren Dellinger, the club's managing member.

Jane Roe is a pseudonym, used to protect her from violence from third parties should information about her work location or living location become part of the public record, according to the lawsuit.

The women are seeking to recover damages under the Fair Labor Standards Act of 1938 and the West Virginia Wage Payment and Collection Act.

The suit alleges the nightl club utilized a system under which each of the exotic dancers was required and compelled to pay Dellinger and the club at least $10 out of their personal tips for each shift they worked.

The dancers were also allegedly required to pay $35 for each "private dance" they performed and $30 for each 30-minute "champagne room" dance.

Other exotic dancers were also allegedly required to pay $10 to $25 for each private dance they performed and up to $50 for champagne room dances.

"As a result of defendants' system of requiring payment from each plaintiff and other dancers for work each performed, defendants did not permit plaintiff and other dancers to retain all tips each received from defendants' patrons," the suit reads.

The suit also says the exotic dancers weren't paid at an hourly rate at least equal to minimum wage. Dancers, including the women suing the nightclub, were also allegedly required to pay a penalty of $15 on any night that they arrived late for work and as much $100 or more if they didn't report for work or didn't call in advance that they would not be at work.

Garrett worked for Paradise City 2 between July 2012 to mid-August 2012. McLaughlin worked as an exotic dancer between February 2012 and June 2012. Roe worked as an exotic dancer from about September 2011 until August 2012.

Each woman regularly worked four or five days per week and they were required to work defined shifts with defined hours.

"At all times throughout each plaintiff's employment with defendants, defendants did not pay the plaintiff any wages for work duties she performed. Each defendant was required by the FLSA to pay each plaintiff and other dancers similarly situated no less than the minimum wage for each hours worked by the dancer," the suit reads.

The women are seeking for the case to become a class action suit and are seeking unpaid wages, damages, court costs and attorney fees.